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HomeMy WebLinkAbout2011-01-05; Planning Commission; Resolution 6740PLANNING COMMISSION RESOLUTION NO. 6740 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 10-01 TO DEVELOP A TWELVE 3 UNIT MULTI-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A .70-ACRE INFILL SITE 4 GENERALLY LOCATED ON THE SOUTH SIDE OF 5 TAMARACK AVENUE, ADJACENT TO AND JUST WEST OF THE SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY 6 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: SEABREEZE VILLAS 8 CASE NO.: CT 10-01 9 WHEREAS, Tony Sfreddo, "Owner/Developer," has filed a verified application 10 with the City of Carlsbad regarding property described as 12 That portion of lot 6 in Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, 13 according to Map Thereof No. 1803, filed in the office of the County Recorder of San Diego County on August 25,1924 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "N" dated January 5, 2011, on file in the Planning 18 Department SEABREEZE VILLAS - CT 10-01, as provided by Chapter 20.12 of the Carlsbad 19 Municipal Code; and 20 WHEREAS, the Planning Commission did, on January 5, 2011, hold a duly 21 „» noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Tentative Tract Map. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES SEABREEZE VILLAS - CT 10-01, based on the following findings and subject to the following conditions: 3 Findings:4 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 6 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that that the 7 airspace condominium units created through the tentative map satisfy all the minimum requirements of Title 20 and have been designed to comply with other ° applicable regulations including the Planned Development Ordinance, Growth o Management Ordinance, the Residential High Density (RH) General Plan Land Use designation, and the Residential Density-Multiple (RD-M) Zone. 10 2. That the proposed project is compatible with the surrounding future land uses since 11 surrounding properties are designated for Residential High Density (RH) development on the General Plan, and are developed with multi-family projects immediately adjacent to the project and single-family residences to the north across Tamarack I -5 Avenue which would be compatible with the condominium project. 14 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 15 proposed, in that all required development standards and design criteria required by the RD-M Zone, BAOZ, and Planned Development Ordinance are incorporated into the project without the need for variances from development standards and the lot 1 7 coverage at 37%, is below the maximum 60% lot coverage allowed. 13 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 19 public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned so that there are no conflicts with established easements. 21 5. That the property is not subject to a contract entered into pursuant to the Land 22 Conservation Act of 1965 (Williamson Act). 23 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that units are designed 24 with large private patios/yards and balconies for most units to maximize the exposure of each unit to natural light and ventilation. 2/: 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 27 against the public service needs of the City and available fiscal and environmental resources. 28 PC RESO NO. 6740 -2- 8. That the design of the subdivision and improvements are not likely to cause substantial 2 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site has been previously graded and is surrounded by 3 existing development. 4 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated January 5, 2011 including, but not limited to the following: 10 a) Land Use - The RH Land Use designation allows for the development of two- 11 family and multiple-family residential units within a density range of 15 - 23 dwelling units per acre (du/ac) and at a Growth Management Control Point 12 (GMCP) of 19 du/ac. At the RH GMCP, 13.3 dwelling units would be permitted . - on this 0.70 acre property. The new 12-unit project has a proposed density of 17.01 du/ac, which is within the RH density range of 15 - 23 du/ac, but is 1.30 14 dwelling units below the GMCP of 19 du/ac. The GMCP is used for the purpose of calculating the City's compliance with Government Code Section 65863. 15 However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing needs that are not utilized by developers in approved projects, will be deposited in the City's Excess Dwelling Unit Bank. This project will deposit 1.30 dwelling units into the Dwelling Unit Bank and 18 these excess dwelling units are then available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential ?(, development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. 21 b) Circulation - The project will take access off of Tamarack Avenue which has full 22 street improvements. On-site circulation consists of a private driveway which will be designed in accordance with City standards. 23 c) Noise - The project with the inclusion of a perimeter six foot tall block wall is consistent with the 60 dBA CNEL exterior noise standard for required common 25 and private recreation space and is conditioned to incorporate noise mitigation measures to ensure compliance with the 45 dBA CNEL interior noise standards. 26 d) Housing - The project is consistent with the Housing Element of the General 27 plan and the Inclusionary Housing Ordinance as the applicant is proposing to purchase two affordable housing credits in the Roosevelt Gardens Condominium housing project. PC RESO NO. 6740 -3- e) Public Safety - The project is required to provide an automatic fire sprinkler 2 system. 3 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or r provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 6 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, o a. The project has been conditioned to .provide proof from the Carlsbad Unified School 9 District that the project has satisfied its obligation for school facilities. 10 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 12 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 13 12. The project has been conditioned to pay any increase in public facility fee, or new 14 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 17 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 18 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 19 Code Section 14.28.020 and Landscape Manual Section I B). 20 15. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the 22 preparation of environmental documents pursuant to Section 15332 (the project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban ~. uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects 25 relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services) of the state CEQA Guidelines. In 26 making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. _„ 16. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6740 -4- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading, building, or final map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 7 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all ° future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 10 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 11 . Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them 13 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 14 different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 17 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 20 all requirements of law. 21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 23 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 24 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, -,, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 27 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 PC RESO NO. 6740 -5- 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Tentative Map reflecting the conditions approved by the final decision-making body. 3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 6 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 7 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 9 Plan prior to the issuance of building permits. 10 10. This approval is granted subject to the approval of CDP 10-11 and PUD 10-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6741 and 6742 for those other approvals incorporated herein by reference. 12 11. Building permits will not be issued for this project unless the local agency providing 13 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 14 time of the application for the building permit, and that water and sewer capacity and , c facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 16 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 17 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 19 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 20 approval will not be consistent with the General Plan and shall become void. 71 13. Prior to the issuance of the final map, Developer shall submit to the City a Notice of 22 Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 23 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Coastal Development Permit, and 24 Planned Development Permit by Resolutions No. 6740, 6741 and 6742 on the property. „<. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any 26 conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 27 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 6740 -6- 1 1 14. Prior to the approval of the final map for any phase of this project, or where a map is not 2 being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase 3 two (2) affordable housing credits in the Roosevelt Gardens Condominium project in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted c to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and 6 successors in interest. 7 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 9 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving • condition, free from weeds, trash, and debris. 10 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the 12 project's building, improvement, and grading plans. 13 17. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the 14 Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning 15 Director. At a minimum, the CC&Rs shall contain the following provisions: 17 a. General Enforcement by the City! The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 19 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 20 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 21 within 30 days for the official record. 22 c. Failure of Association to Maintain Common Area Lots and Easements. In the event 23 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 24 City shall have the right, but not the duty, to perform the necessary maintenance. If the,City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with 26 particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the 27 giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 28 period specified by the City's notice, the City shall be entitled to cause such work to PC RESO NO. 6740 -7- be completed and shall be entitled to reimbursement with respect thereto from the 2 Owners as provided herein. 3 d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, 4 the City shall submit a written invoice to the Association for all costs incurred by the r City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 6 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 9 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 10 pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment 12 against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and 13 shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to 14 levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 17 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit 20" 21 a The HOA shall be responsible for the removal of graffiti within the property boundaries. All graf reported to the HOA. boundaries. All graffiti shall be removed within five days once it has been 23 .. 18. This project is being approved as a condominium permit for residential homeownership 24 purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 26 19. Prior to issuance of building permits, the Developer shall submit to the Planning Director 27 a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. 28 PC RESO NO. 6740 -8- 20. If satisfaction of the school facility requirement involves a Mello-Roos Community 2 Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, 3 then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 4 existence of the tax or fee, and that the school district is the taxing agency responsible for f the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the 6 fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 7 21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed 9 or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. 10 22. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain 12 posted until ALL of the units are sold. 13 23. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 14 rnay be subject to noise impacts from the proposed or existing Transportation Corridor (Tamarack Avenue and Railway Line), in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 16 24. Prior to building permit issuance, the developer shall submit a supplemental 17 acoustical analysis for the project due to the potential noise impacts identified in the acoustical analysis report (prepared by Ldn Consulting, Inc., dated August 17, 2010) from Tamarack Avenue and the Railway Line. The project is required to in implement the recommendations as outlined in the supplemental acoustical analysis to ensure interior noise levels do not exceed 45 dB(A) CNEL. The report shall 20 certify that the building plans incorporate the required mitigation measures. 21 25. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void.25 26 26. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and 27 recreational facilities. 28 PC RESO NO. 6740 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Engineering; Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit whichever occurs first. General 28. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 29. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 30. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 31. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private driveways, parking areas, utilities, walkways, landscaping, enhanced paving, water quality treatment measures, low impact development features, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 32. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. 33. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 34. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 35. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. PC RESO NO. 6740 -10- 36. Developer shall cause property owner to process, execute and submit an executed copy to 2 the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 3 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, ^ or the recordation of a final map, whichever occurs first for this project. 37. Developer shall cause property owner to apply for, execute, and submit, to the city 6 engineer for recordation, an Encroachment Agreement covering private storm drain facilities, private eco-stone pavers and enhanced concrete driveway located over 7 proposed public right-of-way or easements as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. o 9 38. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown 10 within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form j 2 provided by the city engineer. 13 Grading 14 39. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all 15 applicable grading plan review fees per the city's latest fee schedule. 17 40, Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 19 41. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 20 implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt 21 runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or 23 Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 24 42. Developer shall complete and submit to the city engineer a Project Threat Assessment 25 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 2/- developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by 27 the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 28 PC RESO NO. 6740 -11- 43. This project is subject to 'Priority Development Project' requirements. Developer shall 2 prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment 3 requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to r ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP 6 plan review and inspection fees per the city's latest fee schedule. 7 44. Developer acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run- 9 off by mimicking the natural hydrologic function of the site, preserving natural open- spaces and natural drainage channels, minimizing use of new impervious surfaces, and 10 promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city ' * engineer. 12 45. Developer is responsible to ensure that all final design plans (grading plans, improvement 13 plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design 14 (LID) facilities. Dedications/Improvements 16 46. Developer shall cause owner to dedicate to the city and/or other appropriate entities for 17 public utility & utility access easement purposes as shown on the tentative map. the offer shall be made by a certificate on the final map. All land so offered shall be free and clear * ° of all liens and encumbrances and without cost to the city. Streets that are already public , o are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 20 47. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 23 48. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public 25 improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are 26 not limited to: 77 A. Sewer and potable water facilities. 28 Developer shall pay the standard improvement plan check and inspection fees. PC RESO NO. 6740 -12- 21 Improvements listed above shall be constructed within 36 months of approval of the 2 subdivision or development improvement agreement or such other time as provided in said agreement. 3 49. Prior to issuance of building permits, developer shall install separate sewer services to 4 each unit proposed by this tentative parcel map. Sewer services shall be provided to the r satisfaction of the city engineer. 50. Developer shall design, and obtain approval from the city engineer, the structural section 6 for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to 7 completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 9 Non-Mapping Notes 10 51. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard subdivision improvement agreement and has 12 posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not 13 limited to: 14 1) Sewer and public water facilities. 15 B. Building permits will not be issued for development of the subject property unless the 16 appropriate agency determines that sewer and water facilities are available. 17 C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 18 to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 2Q D. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may 21 arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 22 drainage system or other improvements identified in the city approved development --, plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. 24 Utilities 25 52. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire 27 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 28 PC RESO NO. 6740 -13- 53. Developer shall design and construct public facilities within public right-of-way or within 2 minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate 3 maintenance, access and/or joint utility purposes. 4 54. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 5 55. Developer shall install potable water services and meters at locations approved by the " district engineer. The locations of said services shall be reflected on public improvement 7 plans. g 56. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 9 57. The developer shall design and construct public water and sewer facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 11 58. The developer shall provide separate potable water meters for each separately owned unit 12 within this subdivision. ^ Code Reminders: 14 The project is subject to all applicable provisions of local ordinances, including but not limited to 15 the following: 16 59. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. I g 60. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 19 permit issuance, except as otherwise specifically provided herein. 90zu 61. Any signs proposed for this development shall at a minimum be designed in conformance ~, with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 22 62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 23 Code Section 18.04.320. 24 63. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 25 required by Chapter 20.44 of the Carlsbad Municipal Code. 26 64. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.27 28 PC RESO NO. 6740 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 5, 2011, by the following vote, to wit: AYES: NOES: Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery and Schumacher ABSENT: Commissioner Nygaard ABSTAIN: STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6740 -15-